General Enrollment Requirements. 4.3.1 Evidence of any Index Surgery, Qualified Revision Surgery (if applicable), and any of the other medical conditions described herein must be demonstrated solely by the Enrolled Claimant’s Medical Records that are contemporaneous to the Index Surgery, Qualified Revision Surgery (if applicable), or the initial onset, diagnosis, treatment and/or occurrence of the medical condition at issue or any other compensable medical condition described herein. Except for the limited purpose of proving lost wages or loss of earnings under the Enhancements Benefit Program, evidence that is not a Medical Record and/or is prepared for the purpose of establishing a claim in the Settlement Program (e.g., a medical report or affidavit) and/or is not contemporaneous to the Index Surgery, Qualified Revision Surgery, or medical condition at issue is not acceptable as evidence of, or to establish, a Claim or award under the Settlement Program. No affidavits, expert reports, depositions, transcripts or medical articles may be submitted as part of the Claim Package, or otherwise in connection with a Claim to the Settlement Program. 4.3.2 The submission of the Claim Package to the Claims Processor constitutes an Enrolled Claimant’s (and any Derivative Claimant’s) irrevocable election to enroll and participate in the Settlement Program and abide by any court orders entered in the jurisdiction in which the case is currently venued in furtherance of this Agreement. As such, the Enrolled Claimant agrees to participate regardless of the final award amount issued and may not unilaterally exit the Settlement Program unless and until (i) the Enrolled Claimant does not qualify for compensation as a Settlement Program Claimant as set forth in Section 4.3.2.2, or (ii) HOC revokes the Enrolled Claimant’s participation in the Settlement Program pursuant to Section 16.2, if applicable. Except as provided below, no Eligible Claimant (or related Derivative Claimant) may under any circumstances for any reason withdraw an Enrollment Form or request the return of his/her Release or Dismissal with Prejudice Stipulation.
Appears in 5 contracts
Samples: Settlement Agreement (Stryker Corp), Settlement Agreement, Settlement Agreement
General Enrollment Requirements. 4.3.1 Evidence of any Index Surgery, Qualified Revision Surgery (if applicable), Enhancement(s), and any of the other medical conditions described herein must be demonstrated solely by the Enrolled Claimant’s Medical Records that are contemporaneous to the Index Surgery, Qualified Revision Surgery (if applicable), or the initial onset, diagnosis, treatment and/or occurrence of the medical condition at issue or any other compensable medical condition described herein. Except for the limited purpose of proving lost wages or loss of earnings under the Enhancements Benefit Program, evidence that is not a Medical Record and/or is prepared for the purpose of establishing a claim in the Settlement Program (e.g., a medical report or affidavit) and/or is not contemporaneous to the Index Surgery, Qualified Revision Surgery, or medical condition at issue (e.g. a claim for an Enhancement) is not acceptable as evidence of, or to establish, a Claim or award under the Settlement Program. No affidavits, expert reports, depositions, transcripts transcripts, or medical articles may be submitted as part of the Claim Package, or otherwise in connection with a Claim to the Settlement Program.
4.3.2 The submission of the Claim Package to the Claims Processor constitutes an Enrolled Claimant’s (and any Derivative Claimant’s) irrevocable election to enroll and participate in the Settlement Program and abide by any applicable court orders entered in the jurisdiction in which the case is currently venued in furtherance of this Agreement. As such, the Enrolled Claimant agrees to participate regardless of the final award amount issued and may not unilaterally exit the Settlement Program unless and until (i) the Enrolled Claimant does not qualify for compensation as a Settlement Program Claimant as set forth in Section 4.3.2.2, or (ii) HOC revokes the Enrolled Claimant’s participation in the Settlement Program pursuant to Section 16.2, if applicable. Except as provided below, no Eligible Claimant (or related Derivative Claimant) may under any circumstances for any reason withdraw an Enrollment Form or request the return of his/her Release or Dismissal with With Prejudice Stipulation.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
General Enrollment Requirements. 4.3.1 Evidence of any Index Surgery, Qualified Revision Surgery (if applicable), Enhancement(s), and any of the other medical conditions described herein must be demonstrated solely by the Enrolled Claimant’s Medical Records that are contemporaneous to the Index Surgery, Qualified Revision Surgery (if applicable), or the initial onset, diagnosis, treatment and/or occurrence of the medical condition at issue or any other compensable medical condition described herein. Except for the limited purpose of proving lost wages or loss of earnings under the Enhancements Benefit Program, evidence that is not a Medical Record and/or is prepared for the purpose of establishing a claim in the Settlement Program (e.g., a medical report or affidavit) and/or is not contemporaneous to the Index Surgery, Qualified Revision Surgery, or medical condition at issue (e.g. a claim for an Enhancement) is not acceptable as evidence of, or to establish, a Claim or award under the Settlement Program. No affidavits, expert reports, depositions, transcripts transcripts, or medical articles may be submitted as part of the Claim Package, or otherwise in connection with a Claim to the Settlement Program.
4.3.2 The submission of the Claim Package to the Claims Processor constitutes an Enrolled Claimant’s (and any Derivative Claimant’s) irrevocable election to enroll and participate in the Settlement Program and abide by any applicable court orders entered in the jurisdiction in which the case is currently venued in furtherance of this Agreement. As such, the Enrolled Claimant Xxxxxxxx agrees to participate regardless of the final award amount issued and may not unilaterally exit the Settlement Program unless and until (i) the Enrolled Claimant does not qualify for compensation as a Settlement Program Claimant as set forth in Section 4.3.2.2, or (ii) HOC revokes the Enrolled Claimant’s participation in the Settlement Program pursuant to Section 16.2, if applicable. Except as provided below, no Eligible Claimant (or related Derivative Claimant) may under any circumstances for any reason withdraw an Enrollment Form or request the return of his/her Release or Dismissal with With Prejudice Stipulation.
Appears in 1 contract
Samples: Settlement Agreement
General Enrollment Requirements. 4.3.1 3.2.1 Evidence of any Index Surgery, Qualified Revision Surgery (if applicableSurgery, Enhancement(s), and any of the other medical conditions described herein must be demonstrated solely by the Enrolled Claimant’s Medical Records that are contemporaneous to the Index Surgery, Qualified Revision Surgery (if applicable)Surgery, or the initial onset, diagnosis, treatment treatment, and/or occurrence of the medical condition at issue issue, or any other compensable medical condition described herein. Except for the limited purpose of proving lost wages or loss of earnings under the Enhancements Benefit Program, evidence Evidence that is not a Medical Record and/or is prepared for the purpose of establishing a claim in the Settlement Program (e.g., a medical report or affidavit) and/or is not contemporaneous to the Index Surgery, Qualified Revision Surgery, or medical condition at issue (e.g. a claim for an Enhancement) is not acceptable as evidence of, or to establish, establish a Claim or award under the Settlement Program. No affidavits, expert reports, depositions, transcripts transcripts, or medical articles may be submitted as part of the Claim Package, or otherwise in connection with a Claim to the Settlement Program.
4.3.2 3.2.2 The submission of the Claim Package to the Claims Processor constitutes an Enrolled Claimant’s (and any Derivative Claimant’s) irrevocable election to enroll and participate in the Settlement Program and abide by any applicable court orders entered in the jurisdiction in which the case is currently venued in furtherance of this Agreement. As such, the Enrolled Claimant agrees to participate regardless of the final award amount issued and may not unilaterally exit the Settlement Program unless and until (i) the Enrolled Claimant does not qualify for compensation as a Settlement Program Qualified Claimant as set forth in Section 4.3.2.23.2.2.2, or (ii) HOC revokes the Enrolled Claimant’s participation in the Settlement Program pursuant to Section 16.214.2, if applicable. Except as provided below, no Eligible Claimant (or related Derivative Claimant) may under any circumstances for any reason withdraw an Enrollment Form or request the return of his/her Release or Dismissal with Prejudice Stipulation.
Appears in 1 contract
Samples: Settlement Agreement
General Enrollment Requirements. 4.3.1 Evidence of any Index Surgery, Qualified Revision Surgery (if applicable), and any of the other medical conditions described herein must be demonstrated solely by the Enrolled ClaimantClaimant’s Medical Records that are contemporaneous to the Index Surgery, Qualified Revision Surgery (if applicable), or the initial onset, diagnosis, treatment and/or occurrence of the medical condition at issue or any other compensable medical condition described herein. Except for the limited purpose of proving lost wages or loss of earnings under the Enhancements Benefit Program, evidence that is not a Medical Record and/or is prepared for the purpose of establishing a claim in the Settlement Program (e.g., a medical report or affidavit) and/or is not contemporaneous to the Index Surgery, Qualified Revision Surgery, or medical condition at issue is not acceptable as evidence of, or to establish, a Claim or award under the Settlement Program. No affidavits, expert reports, depositions, transcripts or medical articles may be submitted as part of the Claim Package, or otherwise in connection with a Claim to the Settlement Program.
4.3.2 The submission of the Claim Package to the Claims Processor constitutes an Enrolled ClaimantClaimant’s (and any Derivative ClaimantClaimant’s) irrevocable election to enroll and participate in the Settlement Program and abide by any court orders entered in the jurisdiction in which the case is currently venued in furtherance of this Agreement. As such, the Enrolled Claimant agrees to participate regardless of the final award amount issued and may not unilaterally exit the Settlement Program unless and until (i) the Enrolled Claimant does not qualify for compensation as a Settlement Program Claimant as set forth in Section 4.3.2.2, or (ii) HOC revokes the Enrolled ClaimantClaimant’s participation in the Settlement Program pursuant to Section 16.2, if applicable. Except as provided below, no Eligible Claimant (or related Derivative Claimant) may under any circumstances for any reason withdraw an Enrollment Form or request the return of his/her Release or Dismissal with Prejudice Stipulation.
Appears in 1 contract
Samples: Settlement Agreement